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- A History of the World since 1300 (68)
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Notes on video lecture:
Creating the Constitution
Notes taken by Edward Tanguay on October 6, 2014 (go to class or lectures)
Choose from these words to fill the blanks below:
civic, Virginia, nine, cooperate, federal, rights, embarrassed, congress, interstate, infallible, returned, Indians, Federalism, bondage, fourths, 1800, higher, supreme, views, ethically, tyrannical, thirds, supreme, free, trusted, tension, failed, slavery, Congress
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the Revolution succeeded by the Articles of Confederation
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there is a between these first two lessons of American history
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the delegates represent states with many different
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the Revolution teaches that a general government can become and the states can stand up to defend the liberty of their citizens
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the failure of the Articles of Confederation teaches that states can't be relied on to effectively, so some institution has to keep them in line
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the Constitution accommodates these competing ideas in a novel way, called
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the federal government will handle some things, and in the areas where it has power, its power is international relations, commerce between the states
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the states will handle other areas and in those areas they will be supreme
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what does the Constitution do?
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Article I: creates the Federal government
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Section I creates
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Senate
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6-year terms
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elected by legislatures (changed by 17th Amendment)
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represent states
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each state 2 senators
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House of Representatives
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2-year terms
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elected by voters
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represent citizens
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determined by free persons and not taxed, and 3/5 of all other persons
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the 3/5 is a compromise over
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the Framers were over slavery, and the Constitution never uses the word "slave"
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slave states said they want representation based on their population including their slaves
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the non-slave states were of the opinion that the slave states didn't represent their slaves and so weren't allowed to have extra voices in the federal government based on people that they held in and denied their rights
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both sides care about this because they see that the federal government might have the power to protect or to end slavery
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congress
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it can pass laws on certain topics
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the main point was the Federal power was limited
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who in the federal government will enforce the laws?
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no one did under the Articles of Confederation
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Article II: creates the Executive branch
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elected through a complicated process that soon gets changed
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three-fifths law was working here
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of the first five presidents, four were from the slave state of
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Thomas Jefferson would have lost in if not for the three-fifths compromise
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president
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should enforce the laws that congress makes
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be commander in chief of armed forces for the wars that declares
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he can appoint some people
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can make treaties that require congressional approval
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over time we will see power shift from congress to president
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Article III creates the Supreme court
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power to hear certain kind of cases
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where there is a interest at stake
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where a state court can not be
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there are four more articles to the Constitution but they are relatively brief
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Article IV
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relations
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Fugitive Slave Clause
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before constitution, if a slave escaped to a state, that state could decide if he were to become free
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but this law stated that slaves remain slaves no matter where they go and must be to their owners
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Article V
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the Constitution recognizes that its not perfect
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however, it is difficult to amend the constitution
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two- of House and Senate
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three- of states
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in America we have no official religion, but we have something similar, a religion, which is based on the Constitution
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some people think the Constitution its , but its not
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there were some terrible provisions in the original Constitution, such as Fugitive Slave Clause
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almost all of the that we have today were not in the original Constitution
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they come from the amendments
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Article VI
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Federal law is to state law in the areas where it has the power to act
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Article VII
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violates the Articles of Confederation
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the Constitution shall be effective upon the ratification of just states
Ideas and Concepts:
Via tonight's Key Constitutional Concepts and Supreme Court Cases class: "The framers of the Constitution were embarrassed over slavery, and the Constitution never uses the word "slave", but Article 1, Section 2, Paragraph 3, which determines the amount of representation in the House of Representatives, contains the phrase "three fifths of all other Persons" which is referring to slaves and which was a compromise reached between delegates from slave states and non-slave states. Slave states insisted that they receive representation based on their populations including the slaves they owned. The non-slave states were of the opinion that slave states shouldn't be allowed to have an extra voice in the federal government for persons they owned, held in bondage, and denied the rights of. Both sides cared about this issue deeply because they could see that the federal government would eventually have the power to either protect or to end slavery. And so the compromise was struck, and the Three-Fifths Compromise gave a disproportionate representation of slave states in the House of Representatives relative to the voters in the North for more than a quarter century until the Civil War ended in a victory for the North."
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